Mortgaging the First Amendment: Strategic Use of the Regulatory Process and the Electronic Media.

O'Donnell, Shawn

This analysis of First Amendment rights for the electronic media recounts the stories of the broadcasting/cable industry must-carry compromise of 1986 and the failed codification of the Fairness Doctrine in 1987. It is noted that these cases were peculiar because, in each instance, the most powerful media in the country willingly sought abridgment of their First Amendment rights. The comment is made that, although each of these attempts failed, it is likely that this disturbing practice will recur. Some causes for this curious behavior are suggested, and the paper concludes with a discussion of how the lessons learned from the must-carry and Fairness cases can contribute to the up-coming regulatory debate over telephone company video services. (GL)